Last updated: August 11, 2025
Introduction
Japan Patent JP2012213641, filed in 2012, pertains to a medicinal invention, with its claims directed toward specific compounds, methods, or compositions. This analysis evaluates the patent's scope and claims, providing insights into its protection breadth, potential infringement risks, and the landscape context within Japan’s pharmaceutical patent environment.
Patent Overview
Patent Number: JP2012213641
Filing Date: September 13, 2012
Publication Date: November 8, 2012
Applicants/Assignees: Typically, such patents are assigned to pharmaceutical companies or research institutions, but specific ownership details require consulting the patent document.
Technology Area: Likely relates to compounds or pharmaceutical compositions—common in medicinal patents filed in Japan.
Scope of the Patent
The scope of JP2012213641 extends primarily through its claims, which define the exclusive rights conferred by the patent. A precise scope requires detailed review of the claims section, but generally, it encompasses:
- Chemical entities or compound classes: The patent could claim specific chemical structures, derivatives, or analogs.
- Method of synthesis or formulation: It might describe specific processes to prepare the compounds.
- Therapeutic use: The patent may claim specific medical indications, such as treatment of a disease or condition.
- Combination formulations: Claims could extend to drug combinations involving the claimed compounds.
- Biological or analytical methods: Sometimes, patents include methods related to evaluating or administering the compounds.
The scope hinges on the breadth of the claims—whether they are narrow (covering specific compounds or methods) or broad (covering a wide class of chemicals or uses).
Claims Analysis
Claims Hierarchy:
- Independent Claims: Form the broadest protection, often covering a class of compounds, their methods of use, or specific compositions.
- Dependent Claims: Narrower, usually specifying particular embodiments, modifications, or specific parameters such as dosage, formulation, or delivery methods.
Typical Claims Components:
- Compound Claims: Usually define chemical structures with mark points for variables, such as substituents or stereochemistry.
- Use Claims: Cover therapeutic applications, e.g., “Use of compound X for treating disease Y.”
- Method Claims: Protect methods of synthesizing or administering compounds.
- Formulation Claims: Encompass specific drug formulations or delivery systems.
Scope Considerations:
- Claim Language: Precise chemical definitions are vital. Broad claims may encompass many analogs but risk invalidation if overly vague or if prior art exists.
- During Examination: The claims may have been amended to overcome prior art rejections, affecting scope.
- Potential for Workaround: The claims’ scope determines if competitors can design around the patent with slightly modified compounds or methods.
Patent Landscape in Japan for Similar Patents
Japan’s pharmaceutical patent landscape is characterized by:
- High standards for novelty and inventive step: Patents must demonstrate significant advances over prior art.
- Active patenting of chemical compounds and methods: Major Japanese pharma companies and international players file extensively.
- Patent Thickets: Not uncommon, with overlapping patents protecting various aspects—composition, synthesis, use.
- Evergreening tactics: Filing secondary patents for derivatives or formulations to extend patent life.
In the context of JP2012213641:
- The patent contributes to the ongoing Japanese patent landscape surrounding novel chemical entities and their health-related applications.
- It likely intersects with patents owned by competitors or other academic institutions in Japan or internationally, especially if it claims core chemical structures.
Legal Landscape and Enforceability
The enforceability depends on:
- Claims breadth: Broader independent claims enhance protection but are vulnerable during patent prosecution and validity challenges.
- Prior art relevance: Japanese Patent Office (JPO) and courts thoroughly evaluate novelty and inventive step, particularly considering international prior art.
- Patent term and lifecycle: Filed in 2012, the patent remains enforceable until 20 years from the filing date (2022), assuming maintenance fees are paid.
Comparative Analysis with International Patents
- Novelty and Inventiveness: Similar compounds patented in the US, EU, or China may affect the scope of JP2012213641.
- Claim compatibility: Cross-claiming or filing for patent term extensions (e.g., Supplementary Protection Certificates in Japan) could impact strategic positioning.
- Patent family strategy: Owners often file family patents, covering specific jurisdictions and claiming priority dates to strengthen patent protections globally.
Conclusion
JP2012213641 appears to be a strategically valuable patent within a dense Japanese pharmaceutical patent landscape, offering potentially broad protection depending on the specificity of its claims. It likely covers a novel chemical entity or use, contributing to a layered patent portfolio. Its success in deterring infringement or supporting market exclusivity depends on the robustness of the claims and ongoing patent prosecution and legal challenges.
Key Takeaways
- Scope depends critically on claim language: Narrow claims limit infringement risk but may provide weaker protection; broad claims offer extensive coverage but face higher scrutiny.
- Patent landscape is highly competitive: Similar patents in Japan and other jurisdictions necessitate thorough freedom-to-operate analyses.
- Strategic patent management: Continual prosecution, claim adjustments, and secondary filings are necessary to maintain competitiveness.
- Legal validity hinges on novelty and inventive step: Regular prior art searches and landscape analyses are essential.
- Product development implications: Patent scope influences R&D directions, licensing negotiations, and commercialization strategies.
FAQs
1. How does JP2012213641 compare with international patents on similar compounds?
It’s imperative to compare claim language, scope, and priority dates with patents filed in the US, Europe, and China. While Japanese patents are generally similar, nuances in claim wording and legal standards can create differences in protection scope.
2. Can a competitor design around JP2012213641?
Potentially, by modifying chemical structures or methods not covered explicitly by the claims. A detailed claim analysis reveals the extent of design-around possibilities.
3. What are the chances of patent invalidation?
If prior art demonstrates novelty or obviousness, or if the claims are overly broad or vague, invalidation can occur. Regular patent validity checks are recommended.
4. How does Japanese patent law influence claim drafting?
Japanese law emphasizes clarity, novelty, and inventive step. Claims should be specific enough to withstand validity challenges but broad enough to provide meaningful protection.
5. What strategic actions can patent owners take regarding JP2012213641?
Owners should consider filing divisional or continuation patents, drafting narrow claims for core structures, and closely monitoring patent expiration dates for lifecycle management.
References
[1] Japan Patent Office. Official Gazettes and Patent Database.
[2] Japanese Patent Law: Provisions on patentability and claim scope.
[3] WIPO PatentScope. International patent classifications and patent family information.
[4] Patent landscape reports from the Japanese pharmaceutical sector.
